by Elisabetta Menini
On Thursday, April 18th 2024, the Rethinking Diplomacy Program’s Ocean Diplomacy Working Group hosted a webinar titled “Science & Ocean Diplomacy: Perspectives on Deep Seabed Mining.”
The panel featured Patricia Esquete-Garrote, an Assistant Researcher at the Biology Department and Centre of Marine and Environmental Studies of the University of Aveiro (Portugal) and Co-Lead of the Minerals Working Group of the Deep Ocean Stewardship Initiative (DOSI), and Gregory O’Brien, Senior Oceans Policy Advisor at the U.S. Department of State. The discussion centered on the role of science in international ocean diplomacy, focusing on deep seabed mining negotiations at the International Seabed Authority (ISA), an emerging industry with potentially significant geopolitical and environmental impacts.
Both panelists have participated as representatives of observer delegations in recent negotiations at the ISA over deep seabed mining regulations, also known as the mining code. Esquete-Garrote represented DOSI while O’Brien, as a member of the state department represented the United States. Although the United States is not a member state of the International Seabed Authority, it is actively participating in the negotiations. They shared insights into the role science played in these challenging negotiations as well as the role of science in ocean diplomacy more broadly.
Understanding the context of deep seabed mining negotiations:
Deep seabed mining involves extracting minerals from the ocean floor at depths of up to 6,000 meters. The mineral resources in the international seabed, known as the Area, have been declared the common heritage of humankind by the United Nations Convention on the Law of the Sea (UNCLOS) since 1982. The ISA is responsible for regulating mining activities in the Area and ensuring the protection of the marine environment from any harmful effects of human activities there.
From an institutional perspective, the ISA now has three active principal organs: the Secretariat, the Assembly, and the Council, with its subsidiary organs: the Legal and Technical Commission (LTC). The Council has legislative, policymaking, and decisional authority on the Mining Code, including environmental protection and emergency directives based on the recommendations of the LTC, which provide the technical expertise in law, finance, geology, and biology among other areas. The Secretariat has an administrative role, including drafting policy text, regulations, and procedures for managing mining activities and environmental protection in the Area. While the Assembly is the plenary body that has the power of establishment of the rule, regulations and procedure after the approval of the Council.
The International Seabed Authority (ISA) issues exploration contracts to entities, such as government agencies or private companies sponsored by member states, granting them exclusive rights to explore specific areas of the international seabed for valuable minerals. Although mineral exploitation has not yet begun, ongoing negotiations are shaping the regulations that will govern such activities. These negotiations encompass environmental protection measures, including the development of Regional Environmental Management Plans, which establish protected areas where mining activities are prohibited. Currently, the only adopted plan is in the Clarion Clipperton Zone, a 4.5-million-square-kilometer area in the Pacific Ocean, where 17 exploration contracts and 13 protected areas are in place. These negotiations recently gained momentum after the Republic of Nauru invoked the “two-year rule,” a provision allowing any member state to request the adoption of exploitation regulations within two years if the ISA Council fails to reach a consensus. This loophole could lead to provisional approval of mining plans, potentially initiating mineral exploitation in the international seabed of the Pacific Ocean’s Clarion Clipperton Zone.
Challenges and Opportunities in Using Science for Ocean Diplomacy
During the panel, Esquete-Garrote and O’Brien discussed the challenges and opportunities of including scientific knowledge in international negotiations on deep seabed mining. They emphasized that while science plays a central role in informing policies and regulations, there can be complexities and biases in how scientific data is analyzed, presented, and used in diplomatic settings. The panel underscored the importance of ongoing dialogue between scientists and policymakers to ensure informed decision-making during the council session.
Human activities in the deep sea will have an impact on ocean health and the ecosystem services provided by the deep ocean, such as carbon sequestration, nutrient regenerations, biodiversity genetic pools and others. Esquete-Garrote emphasized that science could drive diplomatic efforts to ensure sustainable practices in deep seabed mining. “There’s a growing interest in linking scientific work with the service of society and humankind, producing knowledge to bring it into policymaking and advising on ecosystem-based management of resource use in the deep ocean.”
But she cautioned that there is a severe lack of scientific knowledge associated with deep seabed mining and its potential impacts on the ecosystems of the Area and the services they provide. Patricia highlighted the need for more rigorous scientific studies to assess the potential harm to marine ecosystems. Recently, multiple member states have considered a strategic pause or temporary moratorium on mining activities in the Area. Patricia said: “As scientists, we can say loud and clear that right now we don’t have the scientific knowledge it takes to understand how to protect the deep-sea environment. We don’t have the baseline knowledge to ensure the protection of the right environment, because we lack knowledge in many areas. However, we do know enough to say that the deep-sea needs protection.”
Gregory O’Brien stated that “science has always been a fundamental component of our ocean policy. It is both an enabling agent for sustainable use and a limiting agent for initiatives to conserve and protect the marine environment in respect to the development of the mining code.” O’Brien explained that science can help guide ocean policy and assist with global efforts to balance economic benefits with environmental sustainability. “The United States firmly supports a precautionary approach toward use of the marine environment, particularly any seabed mineral activities. This approach must integrate the best available scientific and technical information and risk assessment,” he explained.
The Importance of International Cooperation
Another central theme of the panel was the importance of international cooperation in regulating deep seabed mining. Since these activities will occur in international waters, cross-border diplomacy is essential. The seminar highlighted successful examples of cooperation among member states, observers, the scientific community, and the International Seabed Authority. Patricia discussed several channels for integrating scientific knowledge into negotiations, from the structure of the ISA and its working groups to individual delegations’ consultations with independent experts. Gregory echoed her saying that these consultations among delegations, NGOs and other observers are essential for the preparation for the ISA meetings.
The 2-year-rule, which circumvents treaty provisions requiring consensus from all signatories for changes to mining rules, allowing any member state to submit a request that mining regulations be adopted within two years is a contentious and diplomatically complicated rule. If there were to be a diplomatic impasse, the two-year rule would allow applications to be considered and provisionally approved regardless of the absence of regulations. The Republic of Nauru invoked the provision in 2021, provoking a sense of urgency among the members of the Council to finalize permitting rules. O’Brien clarified that “there is not one member delegation of the Council or member of the ISA that suggested mining could proceed in the absence of a framework that ensures effective protection.” The national sovereignty of coastal states , adjacent to areas where mining activity will take place, is another sticky issue and he emphasized that “This could impact indigenous communities. Accounting for those interests in the regulations is a priority for our delegation and many others.”
Advice for Students and the Next Generation
Part of the Rethinking Diplomacy Program’s mission is to prepare the next generation of diplomats in the competencies they will need in today’s complex diplomatic environment. When asked about advice for students interested in ocean diplomacy and deep seabed mining, Esquete-Garrote recommended that they work to gain a solid understanding of basic ecosystem principles and learning how to communicate effectively with scientists and policy makers to bridge the gap between science and policy. She suggested, “Go to the basics, attend a general ocean ecology course, and you will be able to understand what scientists are advising.”
Gregory O’Brien suggested that students should understand the historical evolution of the international deep seabed mining framework and pursue relevant coursework in international relations and law of the sea. He added, “Understand history. This framework was really first proposed nearly 60 years ago, so, it’s been a decades-long evolution. It’s helpful to understand that historical perspective, the interest of countries over time as this framework evolved. If you’re still in school, look for international relations courses on the law of the sea. International law is all helpful and then, of course, learning by doing.” O’Brien encouraged students to apply for internships, particularly in the Washington area or other locations where they could gain practical experience.
With these insights from Esquete-Garrote and O’Brien, the seminar provided valuable perspectives on the complexities of deep seabed mining and highlighted the central role of science in guiding ocean diplomacy towards sustainable practices.
Watch the full webinar here: https://www.youtube.com/watch?v=42Y_j26wE-g
This discussion was organized and moderated by Elisabetta Menini, PhD candidate in Marine Science and Conservation at the Nicholas School of the Environment. The Ocean Diplomacy Working Group was conceived by RDP graduate fellow Brianna Elliott and launched in 2023 through a grant from Duke’s Office of Global Affairs that includes members from several schools and programs across Duke, including the Nicholas School of the Environment, Duke Law, the Duke Marine Lab.
The group includes an interdisciplinary mix of students, faculty, and practitioners at Duke who are interested in the complex political and social issues, institutional arrangements, agreements, and negotiations involved in ocean diplomacy. Their goal is to improve connections between science, scholarly research, and the diplomatic process so that policy makers and diplomats have the most up to date scientific information as they craft policy and international agreements with enormous impact across ecosystems, cultures, national borders, and international fora. The Duke Rethinking Diplomacy Program is grateful for the longstanding support of the Josiah Charles Trent Memorial Foundation.
